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PEARCE v. COMMISSIONER OF INTERNAL REVENUE

No. 155.

120 F.2d 228 (1941)

PEARCE v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

May 19, 1941.

Attorney(s) appearing for the Case

Gordon S. P. Kleeberg, of New York City (Gordon S. P. Kleeberg and Jacob Greenwald, both of New York City, of counsel), for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Michael H. Cardozo, IV, Sp. Assts. to the Atty. Gen., for respondent.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The petitioner, a resident of the City of New York, is the divorced wife of William G. Pearce, who is also a resident of New York City. In 1913, while they were still married but were not living together and were childless, the husband created a trust to provide for the separate support of his wife for life to the extent of payments to her of $350 monthly and to be in lieu of all her dower or other rights in any property owned by him or by them...

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